Billion Dollar AML Compliance Plan for the Financial Sector (2024)

The financial services sector has long been blamed for the spread of financial crimes like money laundering and tax evasions. Over the past ten years, banks and financial institutions all over the world have faced billions of dollars in fines due to non-compliance and failure to implement adequate regulatory requirements. The regulatory authorities in the US, in particular, have been extremely active against non-compliance with Anti Money Laundering (AML) regulations. The US Department of Justice doled out fines worth $14 billion to financial institutions. That covered over half the sum of global financial regulatory fines over the past decade. All in all financial regulators have collectively imposed over $26 billion by way of sanctions and fines to banks and financial institutions around the globe.

More stringent compliance regulations can be dated back to the 2008 financial crisis. Ever since then global regulators have been rallying to make the financial services sector safer and more transparent. More than 50,000 regulations were distributed between 2009 and 2012. Several high profile scandals erupted in the wake of increased regulations all over the world. To date, the single highest fine against one financial institute was of $8.9 billion, wherein the bank, BNP Paribas, admitted its fault.

Are Non-Compliance Fines Avoidable?

What is surprising is the fact that these fines and sanctions are completely avoidable. The cost of establishing and maintaining an effective compliance structure is nearly three times less than the losses faced by banks in the form of non-compliance penalties. The financial services sector has been battling with the best way to approach compliance regulations. Compliance structures in banks are outdated and slow. The biggest obstacle for banks to implement an effective procedure is the lag it causes in the client onboarding process. Verifying every client and carrying out the due diligence takes time and tends to frustrate clients, thus lowering satisfaction levels for a financial institution.

Banks end up spending over 2.7 billion pounds – $3.5 billion – every year on AML compliance systems that are both outdated as well as inefficient. Legacy systems are still in use by some banks that churn an inexplicable amount of false positives. As the compliance staff chases after false leads, they end up spending their energies on validating cases of fraud rather than investigating them.

In order to avoid millions, or possibly billions, of dollar in fines, financial institutions build colossal compliance regulatory structures within their business, spending millions. They often have to hire an army of compliance officers, just to keep up with the changing regulatory framework.

Billion Dollar AML Compliance Plan for the Financial Sector (2)

Achieving AML Compliance Through Technology

There are, however, better ways to approach AML regulations. Modern technology can contribute a great deal towards building better compliance structures in financial institutes. The Fintech sector has long been working on developing systems that are both effective and efficient. This technology is increasingly being referred to as regulatory technology or RegTech. RegTech systems are now using technologies like artificial intelligence and machine learning to make compliance functions easier for banks.

One way to approach AML compliance is through suspicious activity reporting. Systems that use machine learning algorithms are used to detect suspicious transactions. These algorithms learn from past behavior and data to flag fraudulent transactions. More to the fact, they are used to monitor a client’s transactions to determine their normal behavior. Every time any suspicious or potentially fraudulent transaction is detected on a client’s account, it is either blocked or an alert is issued to the management to take the appropriate action.

Read More:RegTech facilitates effortless AML Compliance

In addition to AML regulations, financial regulators have also issued KYC or Know Your Customer requirements for businesses to adhere to. These obligations further bind financial institutions to conduct enhanced due diligence for high-risk clients. The proliferation of tech solutions in the market has made it easier for banks to fulfill these requirements.

Other tech solutions also provide AML screening checks to fulfill AML requirements for financial institutes. AML checks screen a customer’s name through global sanction lists issued by global regulatory authorities. Screenings of clients can be performed in real time and take place in the background, so as not to disrupt the onboarding process.

Banks can now avail the services of a KYC service provider to authenticate their clients’ identities. This allows them to make sure that their customers are not using fake credentials or stolen identities to open a bank account or avail other financial benefits. The bank asks for a proof of identity from a client during the onboarding process, and authenticates their identity in real-time, with the help of digital ID verification.

The Future of AML Compliance

As the hype for technology-based solutions for implementing compliance structures is at its highest, financial institutes need to evaluate their existing procedures. The financial services sector is fast coming to terms with the prospect of implementing fast and productive AML solutions to decrease their costs. In a way, investing in tech solutions seems the most effective approach for banks to save billions of dollars in non-compliance costs.

Billion Dollar AML Compliance Plan for the Financial Sector (2024)

FAQs

What does an AML compliance program consist of? ›

A basic AML program includes customer due diligence, identity verification, and ongoing monitoring of transactions.

What are the FinCEN National Priorities 2024? ›

FinCEN's stated goals in issuing the June 28, 2024, Proposed Rule are to: Reinforce the risk-based approach FinCEN already expects of AML/CFT programs. Make these programs more dynamic and responsive to evolving risks. Render them more effective in achieving the purposes of the BSA.

What is the AML compliance? ›

The purpose of the AML rules is to help detect and report suspicious activity including the predicate offenses to money laundering and terrorist financing, such as securities fraud and market manipulation.

Why is AML important in the financial industry? ›

Without effective AML measures, banks could inadvertently become conduits for criminal activity, including drug trafficking, terrorism financing, and corruption. This could lead to severe financial and repetitional damage, potentially catastrophic enough to cause financial crises.

What are the 4 ingredients of AML compliance? ›

The Four (4) Pillars Of BSA/AML Compliance
  • PILLAR #1. DESIGNATION OF A COMPLIANCE OFFICER.
  • PILLAR #2. DEVELOPMENT OF INTERNAL POLICIES, PROCEDURES AND CONTROLS.
  • PILLAR #3. ONGOING, RELEVANT TRAINING OF EMPLOYEES.
  • PILLAR #4. INDEPENDENT TESTING AND REVIEW.
  • CONCLUSION.
Mar 24, 2016

Who is exempt from FinCEN requirements? ›

Are some companies exempt from the reporting requirement? Yes, 23 types of entities are exempt from the beneficial ownership information reporting requirements. These entities include publicly traded companies meeting specified requirements, many nonprofits, and certain large operating companies.

What is the FinCEN 10000 rule? ›

Specifically, the regulations implementing the BSA require financial institutions to, among other things, keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax ...

What is the new FinCEN requirement? ›

New rules under the Corporate Transparency Act (CTA) now require many corporations, limited liability companies and other entities to report beneficial ownership and other information to the Financial Crimes Enforcement Network (FinCEN).

What are red flags in AML compliance? ›

Other actions that are considered AML red flags in terms of suspicious transactions include large cash payments, unexplained third-party transactions, the use of multiple accounts, or the use of foreign bank accounts or virtual wallets, especially if they originate from diverse jurisdictions.

Who is responsible for AML compliance? ›

The Bank Secrecy Act, among other things, requires financial institutions, including broker-dealers, to develop and implement AML compliance programs. Members are also governed by the anti-money laundering rule in FINRA Rule 3310. FINRA Rule 3310 sets forth minimum standards for broker-dealers' AML compliance programs.

How do you ensure AML compliance? ›

AML Compliance Checklist
  1. Conduct a risk assessment and take customer due diligence measures.
  2. Train staff on AML regulations and best practices.
  3. Perform independent testing regularly to ensure your program is effective.
  4. Put systems in place to monitor transactions and detect suspicious activity.

What are the high risk industries for AML? ›

Financial services
  • Asset Managers, Hedge Fund Managers and Fund Managers. ...
  • Banks, Building Societies, Credit Unions and Mutual Banks. ...
  • Cash in Transit and Safety-Deposit Box Service Providers. ...
  • Corporate Finance and Private Equity. ...
  • Cryptocurrency and Digital Currencies. ...
  • Fintechs. ...
  • Foreign Exchange and Money Remittance Businesses.

Who benefits from AML? ›

The benefit of AML solutions is they help financial institutions achieve compliance with global AML regulations. They also reduce manual effort needed for customer due diligence, which can otherwise be time consuming. Efficiency in compliance processes, in turn, can create better experiences for staff and customers.

Why AML should be a top priority for financial institutions? ›

To deter the criminals, effective Anti-Money Laundering (AML) programs are a fundamental requirement to ensure that financial organizations are protected and customers have confidence in their operations. AML refers to a system of controls to detect, report and prevent money laundering activities.

What are the main components of an AML program? ›

Key Components of AML Programs
  • Know Your Customer (KYC) Policies. ...
  • Transaction Monitoring and Reporting. ...
  • Risk Assessment and Management. ...
  • Training and Awareness Programs. ...
  • Compliance and Auditing Processes. ...
  • Financial Action Task Force. ...
  • Regional AML Regulatory Bodies. ...
  • National AML Legislation and Enforcement Agencies.
Mar 14, 2024

What are the 4 pillars of compliance program? ›

For many years AML compliance programs were built on the four internationally known pillars: development of internal policies, procedures and controls, designation of a AML (BSA) officer responsible for the program, relevant training of employees and independent testing.

Which of the following are required in an AML compliance program? ›

5 Fundamentals All AML Compliance Programs Should Have

Every AML program should have a compliance officer, resources dedicated to compliance, AML compliance policies, key controls and procedures, effective tools, and a strong compliance framework within an organization.

What are the key elements of an effective AML compliance training program? ›

What Are The Five Elements of a Robust AML Compliance Program?
  • How to Detect Suspicious or Illegal Activities. ...
  • Conducting Thorough & Regular Risk Assessments. ...
  • Solidifying Your Internal Controls. ...
  • Training. ...
  • Third-Party Reviews From Independent Auditors.

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